Rights in Another's Land
Encumbrances · Licence vs Lease · Easements · Implied Easements · Restrictive Covenants
1Encumbrances on Land Title
Encumbrances are claims made against a land title — either financial obligations (e.g. mortgage, CPF charge) or restrictions held against the land (e.g. covenants, easements). All financial obligations must be cleared before title transfer; restrictions that “run with the land” (covenants, easements) remain attached through ownership changes.
⭐ Most important condition of sale: “Free from encumbrances”
When a mortgagee has negative equity and cannot consent to release the charge, the title remains “defective” and the mortgagee may nullify the sale contract.
| Encumbrances | Title Defects |
|---|---|
| Restrictive covenants (e.g. residential use only) | Road line reserve taking >10% of land |
| Easements (e.g. sewer, right of way) | Dangerous building — residents must be evacuated |
| Encroachment (e.g. neighbour's meter box on your land) | Statutory liabilities |
| Leases | |
| Mortgage / CPF charge | |
| State acquisition notice served on seller |
2Licence — Personal Permission to Use Land
🔑 Licence Characteristics
• No exclusive possession — personal permission only
• Non-registrable — cannot appear in land title
• Non-caveatable — no caveat can be lodged
• Non-proprietary — not a land right, held against the owner personally
• Non-assignable without grantor's consent
• Licensee need NOT own another parcel of land
📋 Types of Licence
Bare licence — no consideration, no contract; revocable anytime. E.g. friend invited to a party.
Contractual licence — fixed term + fee; bound by contract. E.g. cinema ticket, hotel stay.
TOL — issued by HDB/URA/SLA for State land use (see P1-07).
Licence with grant — right to enter and carry out activities. E.g. gardener to cut trees, handyman for repairs.
⚖ Licence vs Lease — Key Differences
| Lease | Licence |
|---|---|
| Exclusive possession granted | Temporary right to enjoy land, no exclusive possession |
| Legal interest in land — registrable | Personal right — not registrable |
| Assignable; binds third parties (privity of estate) | Not assignable without consent; does not bind third parties |
3Easements — Proprietary Rights Over Another's Land
An easement is a proprietary right(interest in land) allowing the owner of one parcel to use another's land in a specific way. It is held against the land, not against the person — so it binds successive owners.
🏠 Dominant Tenement (DT)
The land that benefits from the easement. The DT owner can enforce the easement against whoever currently owns the ST.
🏚 Servient Tenement (ST)
The land that bears the burden of the easement. The ST owner must not impede the DT owner's enjoyment of the easement.
4 Conditions — Re Ellenborough Park
All four must be satisfied for a right to qualify as an easement
There must be a dominant AND a servient tenement
The easement must accommodate and benefit the dominant tenement (connected with its enjoyment)
The dominant and servient owners must be DIFFERENT persons
The right must be capable of forming the subject of a grant (certain and definite in purpose)
Creation of Easements
Common law — By prescription: 20 years of continuous, adverse use (without owner's consent). Note: adverse possession abolished in SG, but easements acquired before abolition remain valid.
Common law — By necessity: Land would be landlocked without easement (e.g. subdivided plot with no road access).
Common law — Express/implied reservation: Owner reserves easement when selling part of land (by deed).
LTA s.97: Creation requires written instrument + signature + proper delivery; must specify DT, ST, nature and conditions.
LTA s.97A — Court order: Court may create easement if reasonably necessary for effective use or development of the DT.
By Act of Parliament: Statutory easements for utility companies (no DT required).
Extinguishment of Easements
LTA — Doctrine of Non-User: Non-use exceeding 12 years → presumed abandoned → Registrar cancels (1 month notice to DT owner).
LTA — Change of use: Court may vary/extinguish if URA approves change of use and continued easement gives no real benefit to DT.
Common law — Express release: Deed of release by DT owner.
Common law — Implied release: DT owner's conduct shows intention to release (e.g. factory relocates permanently).
Common law — Unification: Same person comes to own both DT and ST.
4Implied Easements under LTA & LTSA
Certain easements arise automatically by statute — no deed or registration needed. All users and subsequent owners are bound by these implied easements.
Land Titles Act (LTA)
s.98 — Passage easements: Water, electricity, drainage, gas & sewerage — implied for all housing developments upon approval of housing plans.
Subdivided land: All implied easements (right of way, drainage, utilities) enjoyed by subdivided lots. Owners share maintenance costs.
Party wall: Right of support of the whole wall — created automatically on registration of conveyance. Cross easements of support for each unit.
Change of use: Court may vary/extinguish easement if URA approves new use and easement no longer serves DT.
Land Titles (Strata) Act (LTSA)
ss.16–21 — strata developments
Lateral support: Each subsidiary proprietor entitled to lateral support from common property.
Shelter: Each subsidiary proprietor entitled to shelter from all parts of the building capable of affording shelter.
Passage of services: Water, sewerage, drainage, gas, electricity, garbage, air-conditioning, telephone, radio & TV through pipes/wires/cables.
Light & eaves: Uninterrupted access to light for existing windows/apertures; right to maintain overhanging eaves.
5Covenants — Positive vs Restrictive
A covenant is a legally binding promise, whether written in a contract or created verbally (equitable interest). The landowner making the promise is the covenantor; the one receiving it is the covenantee.
✅ Positive Covenant
Promise TO DO something
Examples: repair a fence, pay maintenance fees, maintain a party wall.
Does NOT run with land automatically — must be repeated in every subsequent contract to bind new owners.
Not registrable on title under the LTA notification regime (s.139 et seq.) — only restrictive covenants are notified on the land register. Where a covenant is mixed (part positive, part negative), the Registrar has discretion to refuse notification.
Must “touch and concern” land (affect mode of occupation + value) to bind.
❌ Restrictive (Negative) Covenant
Promise NOT TO DO something
Examples: no subdividing land, no building over specified height, residential use only.
Runs with land if registered — automatically binds successors (Tulk v Moxhay 1848).
Registrable on title by notification under LTA s.139 — once notified, the restriction binds the assigns of the burdened land (s.139(1)). Both a DT and a ST must be identified.
Oral restrictive covenant = equitable interest — not registrable but CAVEATABLE.
Discharge of Registered Restrictive Covenants (LTA s.141)
- Lasts 20 years from date of creation / notification on the land register (LTA s.141)
- Extendable for further periods of 10 years each time, while the covenant remains enforceable
- Court may extinguish if there has been a change of use & continued restriction causes no real benefit to DT
- Ascertain via title search at app.sla.gov.sg/inlis
📋 Quick Summary — Unit 1.7
Exam traps
- → Licence ≠ Lease. Key difference = exclusive possession.
- → Easement ≠ Licence. Easement needs DT+ST (two lands). Licence = personal right, one land owner enough.
- → Re Ellenborough Park: 4 conditions. Adjacency is NOT one of them.
- → Positive covenant: NOT registrable, NOT auto-binding. Must be in every contract.
- → Oral restrictive covenant = equitable interest → caveatable (not registrable in title).
- → Non-user: 12 years for easements (LTA). Prescription: 20 years at common law.
Section Quiz
10 questions · exam-style difficulty · 90 seconds per question
Section Quiz
Unit 1.7 — Rights in Another's Land
10 questions · 90 seconds each · exam-style difficulty